Justice Namavarapu Rajeshwar Rao of the Telangana High Court has dismissed an election petition challenging the election of BRS Working President KT Rama Rao from the Sircilla Assembly Constituency.
The Court observed that an election petition is maintainable only on the specific grounds recognised under the Representation of the People Act. The election petition was filed by Congress candidate KK Mahender Reddy, who sought to declare KT Rama Rao’s election void alleging that he had failed to disclose certain material particulars in his nomination affidavit.
The petitioner alleged that an immovable property at Jubilee Hills had not been disclosed, liabilities were not properly reflected in the affidavit, certain transactions relating to properties purchased in the name
of KT Rama Rao’s son were omitted and that the election expenditure was not correctly disclosed.
After considering the rival submissions, Justice Rajeshwar Rao held that an election petition must disclose a legally sustainable cause of action founded on the grounds specifically provided under the election law and cannot proceed on vague or unsupported allegations regarding the qualifications or disclosures of a returned candidate.
The Court further observed that only an elector of the concerned constituency or a contesting candidate can maintain an election petition in accordance with the statutory requirements. Holding that the allegations made by the petitioner did not warrant interference with the election, the High Court dismissed the election petition.